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CHIEF JOSEPH OKAFOR V. MR. EMMANUEL ONWE MRS. JOSEPHINE ONWE

(2001) JELR 51529 (CA)

Court of Appeal  •  CA/E/163/2000  •  20 Dec 2001  •  Nigeria

Coram
JUSTIN T. AKPABIO, JCA (Presided and Read the Lead Judgment) EUGENE CHUKWUEMEKA UBAEZONU, JCA SULE AREMU OLAGUNJU, JCA

Appearances
Mrs. A. J. Offiah of the firm of Chief A. O. Mogboh & Co. SAN (with her, C. A. Umeh, I. N. Edochie (Mrs) and Eko G. A. Esq.) - for the Appellant. -*- John Istifanus - for Respondents.

Judgement
<p><strong> AKPABIO, JCA (Delivering the Lead Judgment): </strong> This is an appealagainst a ruling of Ngwuta, J. of Ebonyi State High Court of Nigeria, holden at Abakaliki in suit No. AB/107/2000 delivered on the 31st October, 2000 , wherein, on the application of the plaintiffs, he granted an interlocutory injunction against the defendant Chief Joseph Okafor restraining him by himself, his servants, agents or privies</p><p>“from trespassing or continuing to trespass or dealing with in any manner whatsoever or continuing the construction work, on the 7-bedroom and parlour apartment situate on the plaintiffs’ family land at Nsulakpa, Ezzamgbo, the subject- matter of this suit pending the determination of the substantive suit. It is further ordered that the applicants be, and are hereby ordered to undertake in writing to compensate the respondents for any damage he suffers as a result of the interlocutory injunction if they, the applicants, lose the substantive suit. There will be no order as to costs.” The def…</p>

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